S. D. Seavey Co. v. Union Transit Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. The Delaware, Lackawanna & Western Railroad received certain goods consigned to the plaintiff, resident at West Superior, upon a bill of lading providing for their transportation over that company’s road, in care of the Northern Steamship Company, for delivery to the plaintiff at West Superior, to which point it operated a regular line of freight boats.
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Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. The Delaware, Lackawanna & Western Railroad received certain goods consigned to the plaintiff, resident at West Superior, upon a bill of lading providing for their transportation over that company’s road, in care of the Northern Steamship Company, for delivery to the plaintiff at West Superior, to which point it operated a regular line of freight boats. That contract contained printed provisions exempting the railroad company from liability beyond its line and. constituting it merely a forwarding agent. At…
1Opinion of the CourtDodge, J.
Much argument was indulged in as to the duties and responsibilities of an intermediate and forwarding carrier under the terms of the transportation contract entered into with the Delaware, Lackawanna & Western Eail-road, which is quite irrelevant to the present situation. That contract can have no force here, save as it constitutes the railroad company a forwarding agent for the owner of the goods. The contract made by it in that capacity with the defendant was an entire one, for transportation to West Superior on a specified vessel. It did not contemplate that the defendant *396was to carry to…
2Cases cited2 opinions
- Charles v. DiamondNew York Court of Appeals · 1977
- Wilts v. MorrellNew York Supreme Court · 1873
3Cited by5 opinions
- The IndrapuraDistrict Court, D. Oregon · 1909
- Mills v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- People's State Savings Bank v. Missouri, Kansas & Texas RailwayMissouri Court of Appeals · 1911
- Chicago Great Western Railway Co. v. DunlapSupreme Court of Kansas · 1905
- Rosenthal v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1915